Terms & Conditions

[jcastano]

Claimant and partner + 2 dependants Temporary accommodation (rent rebate case)

One of the dependants died in April 2011, my first instinct was to apply the 12 months protection, but after reading regulation 12(D) 3

Subject to paragraph (7), where the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(a), (b) (new claim on or after 7th April 2008) or (d)(i) or (ii) (CHANGE OF CATEGORY OF DWELLING OR DEATH RELATING TO AN LHA CASE) and the claimant occupies a dwelling which is the same as that occupied by him at the date of death of any linked person…….

Is this only related to LHA cases? Does 12 months protection do not applied for HA or rent rebate cases?

If anyone can point me in the right direction, I’d be really grateful

Thank you

[walmslm]

Why would you be restricting a rent rebate case?

[jcastano]

I do not indented to restrict the rent, I was trying to protect the applicable amount,

After querying further I realised that the 52wk bereavement protection only applies to claims we would otherwise restrict and we would not restrict rent rebate so the rules do not apply.

My understanding now is that a deceased child is still treated as a member of the household for 8 weeks following the death (the period for which they are still receiving CB). Reg 19(3). This will protect their family premium and dependant allowance.

[Author]

Posts